Understanding Labour Laws: Is This Checklist Helpful for Your Needs?

Hi everyone,

I am forwarding a gist of laws. Please see if this information is useful to you all.

Regards,
Divya

Hi friends,

Very good comprehensive documentation. I have a doubt while going through the checklist. I think the Workmen's Compensation Act is applicable in cases where there is no applicability of ESI. Please clarify.

Mangai

Hi Mangli,

Yes, when ESI is not applicable, the Workmen's Compensation Act applies.

:)

Divya

Divya,

I think you are working in the legal department. Please send me the details related to PF, ESI, or Insurance (WC, GPA) etc. I have downloaded a checklist of Labour laws which is very exhaustive and informative.

Thanks,
Kunal Shah

Hi Divya,

You recently forwarded a labor laws checklist in the past few days. Unfortunately, this file cannot be downloaded due to some default. Could you please resend this file? I would be very thankful to you.

With regards,
Kavitha
kavithas@spinc.org

Hi Divya!

I am a student of Management. I am going to specialize in Human Resources, and hence, Labor Law is one of the most important elements of it. It's a great document you have compiled. I request you to keep up the good work.

Cheers, Rohan

Hi,

It's really excellent work. Thanks for the information. It would be helpful if you could provide us with information regarding labor laws applicable to the IT industry concerning apprenticeship and contract labor.

Thanks,
Kavitha

Dear all,

Can you please tell me if I have to renew or set a new organizational culture in a new unit which my company is setting up? What laws should I have to apply, and how do I have to apply them? Please guide me on the following issues.

Thanks,

Kind Regards,
Ankit

Hi Divya,

Thank you for forwarding me some relevant data. Could you please provide me with information on how to prepare training materials for operators?

Thanking you.
Kind regards,
Ankit.

MONTHLY CHECKLIST FOR SUBMISSION OF VARIOUS RETURNS (MUMBAI)

Month & Last Date NAME OF THE STATUTE FORM NAME OF RETURN / COMPLIANCE TO BE SENT TO

JAN 15 The Employment Exchange (CNV) Act, 1959 ER-1 Quarterly Return Asst. Employment Officer, Churchgate

15 The Mumbai Labour Welfare Fund Act, 1953 A-1 Statement of Contribution of Dec. along with cheque Welfare Commissioner, Elphinstone Road, Mumbai - 13

30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank

30 The Contract Labour (R&A) Act, 1970 XXIV Half-Yearly Return - by Contractor Asst. Labour Commissioner

31 The Factories Act, 1948 27 Annual Return Directorate of Industrial Safety & Health, Tardeo

31 The Maternity Benefit Act, 1961 II Annual Return Directorate of Industrial Safety & Health, Tardeo

31 The (National & Festival Holidays) Act, 1963 V Annual Return Labour Office, Tardeo

FEB 1 The Minimum Wages Act, 1948 III Annual Return Labour Inspector, Tardeo

15 The Contract Labour (R&A) Act, 1970 XXI Annual Return - by Employer Asst. Labour Commissioner, Tardeo

15 The Payment of Wages Act, 1936 V Annual Return Directorate of Industrial Safety & Health/Labour Officer, Tardeo

28 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank

MAR 30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank

APR 15 The Apprenticeship Act, 1961 APP-2 Half-Yearly Return March Ending Dy. Apprenticeship Advisor, Sion

15 The Employment Exchange (CNV) Act, 1959 ER-1 Quarterly Return Asst. Employment Officer, Churchgate

30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank

30 The Employees Provident Fund Act, 1952 3A & 6A Annual Individual Returns & Returns of Contributions Regional Provident Fund Commissioner

MAY 12 The Employees State Insurance Act, 1948 6 Summary of Contribution in Quadruplicate with Challans Local Office

30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank

JUNE 30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank

JULY 15 The Employment Exchange (CNV) Act, 1959 ER-1 Quarterly Return Asst. Employment Officer, Churchgate

15 The Factories Act, 1948 28 Half-Yearly Return Directorate of Industrial Safety & Health, Tardeo

15 The Mumbai Labour Welfare Fund Act, 1953 A-1 Statement of Contribution of June Welfare Commissioner, Elphinstone Road

30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank

30 The Contract Labour (R&A) Act, 1970 XXIV Half-Yearly Return - by Contractor Asst. Labour Commissioner, Tardeo

AUG 30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank

SEPT 30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank

OCT 15 The Apprenticeship Act, 1961 APP-2 Half-Yearly Return Sept ending Dy. Apprenticeship Advisor, Sion

15 The Employment Exchange (CNV) Act, 1959 ER-1 Quarterly Return Asst. Employment Officer, Churchgate

30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank

30 The Factories Act, 1948 3 Application for Renewal of License Directorate of Industrial Safety & Health, Tardeo

31 The Contract Labour (R&A) Act, 1970 VII Application for Renewal of License Commissioner of Labour

NOV 12 The Employees State Insurance Act, 1948 6 Summary of Contribution in Quadruplicate with Challans Local Office at Colaba/Vashi

30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank

30 The (National & Festival Holidays) Act, 1963 I & IV Application for approval of holidays with list Labour Office, Tardeo

DEC 15 The Bombay Shops & Establishment Act, 1948 B Renewal of Registration Certificate Respective Municipal Ward Office

30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank

30 The Payment of Bonus Act, 1965 D Annual Return Asst. Labour Commissioner, Tardeo

TIME LIMIT FOR SUBMISSION OF RETURNS / COMPLIANCE

TIME LIMIT NAME OF THE STATUTE FORM NAME OF RETURN / COMPLIANCE TO BE SENT TO

Every Month 15th The Employees Provident Fund Act, 1952 Challans Remittance of Contributions State Bank of India, Konkan Bhavan, Belapur Branch

Every Month 21st The Employees State Insurance Act, 1948 Challans Remittance of Contributions State Bank of India, Vashi-Turbhe Branch

Every Month 25th The Employees Provident Fund Act, 1952 Form 5, 10 & 12 A Regional Provident Fund Office, Area-wise The Regional Provident Fund Commissioner, 341, Bhavishya Nidhi Bhavan, Bandra (East), Mumbai - 400 051

Every Month 30th The Profession Tax Act, 1975 5 Monthly Return Asst. Professional Tax, Mazgaon

Intimate fatal/death & within 48 Hrs. in case of Minor The Employees State Insurance Act, 1948 16 Accident Report

Every Month The Apprenticeship Act, 1948 Printed Format Bill for Reimbursement Dy. Apprenticeship Advisor

4 Hrs of occurrence The Factories Act, 1948 24 Notice of Accident / Dangerous Occurrence Directorate of Industrial Safety & Health

12 Hrs of occurrence The Factories Act, 1948 24 Report of Accident Directorate of Industrial Safety & Health

7 days of incident The Workmen's Compensation Act, 1923 EE Report of Serious bodily injuries/fatal accidents Commissioner of Workmen's Compensation, Labour Office

Bi-Annual The Employment Exchange ERII Bi-Annual Return Asst. Employment Officer

CHECKLIST FOR STATUTORY COMPLIANCES

Sr. Brief of Requirements Section No. Last date for Submitting Statement, Returns, Renewal of Licence etc. To Whom it should be submitted Compliance Status Remarks

1 Approval of plan 6(1) In prescribed Form No. 1 before starting the manufacturing process in any new building, or extended part of the building Jt. Director Industrial Safety & Health Plans for HSM, SIP & IMIL got approved. Subsequent changes, additional plans are being submitted for approval from time to time.

2 Factory Licence 6 (d) Factory Licence to be obtained before starting the plant, and it should be renewed before October every year do Complied & renewed up to 31st December 2002 for IIL & IMIL.

3 Notice for change of Occupier/Manager 7 Within 7 days from the date the person takes over the charge do Complied.

4 Statutory Health Check-up of Employees Rule 73 - V Medical examination of every employee shall be conducted once in 6 months Health register in Form 7 to be maintained Being complied.

5 Occupational Health center Rule 73 - W - - Being maintained for IIL. Not complied for IMIL.

6 Register of Adult workers (Attendance Register) Sec. 62 Register to be maintained in Form No. 17 - Being maintained online.

7 Leave with wages register & Leave book Rule 105 Register to be maintained in Form No. 20 - Being maintained online.

8 Report of Accident and Dangerous occurrences Rule - 115 Intimation within 4 hours in case of a fatal accident. The report should be given in Form No. 24 & 24A within 12 hours / 24 hours in case of fatal / non-fatal, as the case may be. Jt. Director Industrial Safety & Health Being complied.

9 Accident Register Rule - 123 Register to be maintained in Form No. 30 - Being complied.

10 Annual Return Rule - 119 (1) On or before 1st February of each year in Form No. 27 Jt. Director Industrial Safety & Health Being complied.

11 Holiday List Rule - 119 (3) Before 31st December each year Jt. Director Industrial Safety & Health Being complied.

12 Inspection Book Rule - 124 Inspection book in Form No. 31 to be maintained - Being maintained.

1 Registration Sec - 7 Registration certificate to be obtained once, and it should be amended when there is any change in the particulars specified in the Certificate within 15 days from the date of change takes place. Asst. Commissioner of Labour Being complied.

2 Annual Return Rule 62(2) Before 31st January each year in Form No. 21 Asst. Commissioner of Labour Being complied.

3 Register of Contractors Rule 55 Register to be maintained in Form No. VIII Asst. Commissioner of Labour Being maintained online.

4 Payment to Contract Labours Rule 46 & 54(2) Before the 10th of every month. To be made before the Company's Representative Asst. Commissioner of Labour Not being complied.

1 Notification of Vacancies 5 To notify all vacancies at least 15 days before the appointment in the prescribed form. Local Employment Exchange Not being complied.

2 Quarterly Return 6 Return should be sent in the prescribed form by 30th of every quarter-end. - do - do- Return

3 Bi-annual Return 6 Return should be sent once in two years in the prescribed form. - do - do- Return

Hi, sir,

Your checklist is simply great. As my exams are approaching, your checklist helped me to go through different laws easily. Thank you very much.

With regards,
Madhu M. S.

Can anybody send me the updated minimum wages of all the states as of 01st April 2008?

Thanks,
Ravi Gupta

Hi Divya madam, thank you. I am Gowri Parameswara Rao Y., pursuing Master of Human Resource Management 2nd year. These case laws are mostly useful for my interview purpose. Every HR student must know the labor laws. Thanks.

Dear Divvya,

Many of the things have been revised and updated, which are not covered in your attachment. Please update it.

Regards,
AS

Hi Divya,

Great way to present the info for a quick review. Very handy. Thanks for sharing your efforts. India is a land full of numerous laws. Can you help me out by listing the specific laws applicable to an HR company involved in staffing and recruitment services? One can never be sure that they are complying with all the laws. I am into internal audit and need to help my organization by pointing out any deficiencies.

Thanks once again for the gist uploaded.

Regards,
Hitesh

Divya, can you help me out regarding labor laws? I want a list of the main and simple laws that are mostly required for all kinds of companies, and which I can easily keep in mind. The earlier list was difficult for me to store in my brain. Please.

It's nice. Can you help me out with the registers that need to be maintained as per the Contract Labour Act (Central), Building and Construction Workers Act, Minimum Wages Act, Gratuity Act, etc.?

Check if you can help me out with this. Thank you in advance.

I am forwarding a gist of laws. See if this information is useful to you all.

Regards,
Divya

Dear all,

While appreciating the sharing by Divya, care should be taken in interpretation as the compilation by Mr. PBS Kumar has to be updated with amendments. For example, Payment of Gratuity Act, ESI Act, etc.

Thanks,
HC. Subbaramu
HR & Labour Law Consultant
Bangalore

Dear all,

As I recently joined an organization as an Executive HR, kindly suggest to me where I can find all Uttarakhand Acts (i.e. Factory Act, Labour, PF, ESI, etc).

Human Resource & Labour Laws

Introduction:

The term 'labour legislation' is used to cover all the laws which have been enacted to deal with "employment and non-employment," wages, working conditions, industrial relations, social security, and welfare of persons employed in industries.

Need for Labour Legislation in India:

1. Organized industry in a planned economy calls for the spirit of cooperation and mutual dependence for attaining the common purpose of greater, better, and cheaper production.
2. Since this has not been happening voluntarily, there is a need for State intervention.
3. In India, labour legislation is treated as an arm of the State for the regulation of working and living conditions of workers.

The need for labour legislation may be summarized as follows:

1. Necessary for the health, safety, and welfare of workers;
2. Necessary to protect workers against oppressive terms as an individual worker is economically weak and has little bargaining power;
3. To encourage and facilitate the workers in the organization;
4. To deal with industrial disputes;
5. To enforce social insurance and labour welfare schemes.

Objectives:

The objectives of labour legislations are two-fold:

1. Preservation of the health, safety, and welfare of workers; and
2. Maintenance of good relations between employers and employees.

Principles of Labour Legislation:

Social Justice:

1. The essence of democracy is ensuring social justice to all sections of the community.
2. This demands the protection of those who cannot protect themselves.
3. In a modern industrial setup, workers, left to themselves, are unable to protect their interests.
4. Therefore, the State has to intervene to help them by granting them freedom of association, the power of collective bargaining, and by providing for mediation or arbitration in the case of industrial conflict.

Social Equity:

1. Legislation based on this principle provides for the achievement of definite standards. Standards in terms of living, position in society, etc., of the working population. These standards for the working class can be achieved by bringing about changes in the Law of our land.
2. The power to change the Law is exercised by the government. Existing laws may be amended to meet the changed standards.

National Economy:

1. Measures have to be provided through legislation to:
2. Ensure the normal growth of industry for the benefit of the nation as a whole;
3. Satisfy the physical and intellectual needs of the citizens;
4. Ensure the growth of industrial efficiency such as to adjust the wage system with a view to increasing the productivity and prosperity of the workers.

International Uniformity:

1. Since its inception, securing minimum standards (for the working population worldwide) on a uniform basis in respect of all labour matters has been the main objective of the ILO.
2. To this end, conventions are passed at the conferences of the ILO.
3. As a member of the ILO, adopting these conventions would require appropriate legislation to be brought about.
4. The influence of international labour conventions has been significant in shaping the course of labour legislation in India.

Labour Legislation in India:

In India, we have many labour laws that affect the labour conditions. The main laws are:

1. The Factories Act, 1948.
2. The Trade Union Act, 1926.
3. The Industrial Disputes Act, 1947.
4. The Payment of Wages Act, 1936.
5. The Minimum Wages Act, 1948.
6. The Equal Remuneration Act, 1976.

Laws Related to Industrial Relations:

1. The Trade Unions Act, 1926
- The Trade Unions (Amendments) Act, 2001
2. The Industrial Employment (Standing Orders) Act, 1946
- The Industrial Employment (Standing Orders) Rules, 1946
3. The Industrial Disputes Act, 1947

Laws Related to Wages:

1. The Payment of Wages Act, 1936
- The Payment of Wages Rules, 1937
- The Payment of Wages (Amendment) Act, 2005
2. The Minimum Wages Act, 1948
- The Minimum Wages (Central) Rules, 1950
3. The Working Journalist (Fixation of Rates of Wages) Act, 1958
- Working Journalist (Conditions of Service) and Miscellaneous Provisions Rules, 1957
4. The Payment of Bonus Act, 1965
- The Payment of Bonus Rules, 1975

Laws Related to Working Hours, Conditions of Services, and Employment:

1. The Factories Act, 1948
2. The Dock Workers (Regulation of Employment) Act, 1948
3. The Plantation Labour Act, 1951
4. The Mines Act, 1952
5. The Working Journalists and Other Newspaper Employees' (Conditions of Service and Misc. Provisions) Act, 1955
- The Working Journalists and Other Newspaper Employees' (Conditions of Service and Misc. Provisions) Rules, 1957
6. The Merchant Shipping Act, 1958
7. The Motor Transport Workers Act, 1961
8. The Beedi & Cigar Workers (Conditions of Employment) Act, 1966
9. The Contract Labour (Regulation & Abolition) Act, 1970
- The Contract Labour Regulation Rules
10. The Sales Promotion Employees (Conditions of Service) Act, 1976
- The Sales Promotion Employees (Conditions of Service) Rules, 1976
11. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
12. The Shops and Establishments Act
13. The Cinema Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
- The Cinema Workers and Cinema Theatre Workers (Regulation of Employment) Rules, 1984
- The Cine Workers' Welfare Fund Act, 1981.
14. The Dock Workers (Safety, Health & Welfare) Act, 1986
15. The Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996
16. The Dock Workers (Regulation of Employment) (Inapplicability to Major Ports) Act, 1997

Laws Related to Equality and Empowerment of Women:

1. The Maternity Benefit Act, 1961
2. The Equal Remuneration Act, 1976

Laws Related to Deprived and Disadvantaged Sections of the Society:

1. The Bonded Labour System (Abolition) Act, 1976
2. The Child Labour (Prohibition & Regulation) Act, 1986
3. The Children (Pledging of Labour) Act, 1933

Laws Related to Social Security:

1. The Workmen's Compensation Act, 1923
- The Workmen's Compensation (Amendments) Act, 2000
2. The Employees' State Insurance Act, 1948
3. The Employees' Provident Fund & Miscellaneous Provisions Act, 1952
- The Employees' Provident Fund & Miscellaneous Provisions (Amendment) Act, 1996
4. The Payment of Gratuity Act, 1972
- The Payment of Gratuity Rules
5. The Unorganised Workers' Social Security Act, 2008
- The Unorganised Workers' Social Security Rules, 2008

Laws Related to Labour Welfare:

1. The Mica Mines Labour Welfare Fund Act, 1946
2. The Limestone & Dolomite Mines Labour Welfare Fund Act, 1972
3. The Beedi Workers Welfare Fund Act, 1976
4. The Beedi Workers Welfare Cess Act, 1976
- The Beedi Workers' Welfare Cess Act Rules, 1977
5. The Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines Labour Welfare Fund Act, 1976
6. The Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines Labour Welfare Cess Act, 1976
7. The Cine Workers Welfare Fund Act, 1981
8. The Cine Workers Welfare Cess Act, 1981
9. The Employment of Manual Scavengers and Construction of Dry Latrines Prohibition Act, 1993

Laws Related to Employment & Training:

1. The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959
- The Employment Exchanges (Compulsory Notification of Vacancies) Rules, 1959
2. The Apprentices Act, 1961

Others:

1. The Fatal Accidents Act, 1855
2. The War Injuries Ordinance Act, 1943
3. The Weekly Holiday Act, 1942
4. The National and Festival Holidays Act
5. The War Injuries (Compensation Insurance) Act, 1943
6. The Personal Injuries (Emergency) Provisions Act, 1962
7. The Personal Injuries (Compensation Insurance) Act, 1963
8. The Coal Mines (Conservation and Development) Act, 1974
9. The Labour Laws (Exemption from Furnishing Returns and Maintaining Register by Certain Establishments) Act, 1988

Regards,
Divya

Hi Divya, is it applicable only to those working under central/state government? Is the above law also applicable to private limited industries?

Thank you.

Whenever you update the list, please ensure to check the updated notifications, such as in the Gratuity Act. Section 4B states that the maximum limit of Gratuity has been increased from Rs. 350,000 to Rs. 1,000,000.

Regards,
Shailesh Parmar